Applications for permanent resident status on humanitarian and compassionate (“H&C”) grounds can only be assessed outside of Canada through an existing immigration stream (e.g. family, economic or refugee). This is unlike the process available to applicants from within Canada who are able to submit a stand-alone H&C application.
In categories in which Ministerial Instructions apply (e.g. skilled workers), H&C may not be used to overcome the fact that an applicant does not meet the requirements of Ministerial Instructions. In the case of a skilled worker the Ministerial Instructions require that an applicant has an arranged offer of employment or has experience in one of the National Occupation Classification (NOC) codes. Humanitarian & Compassionate grounds may not be used to overcome these instructions.
In the absence of a specific request from an applicant, the Minister may consider H&C grounds on his own initiative or advise the applicant to request an exemption under A25.
Applicable fees must be paid in full before a request for H&C consideration may be examined.